The Dutch Competition Authority blocks a merger between two companies involved in the production and sale of gingerbread and rusk to retailers on the Dutch market (A.A. ter Beek / Continental Bakeries)

1. Introduction In its decision of 14 December 2012, [1] the Dutch Competition Authority (hereafter "NMa") [2] blocked the proposed acquisition of A.A. ter Beek B.V. by Continental Bakeries B.V. (hereafter: "the ruskmerger"). Both companies are involved in the production and sale of gingerbread and rusk to retailers on the Dutch market. The NMa's decision is remarkable since it is one of the very few instances where it has blocked a merger, notwithstanding the remedies which were proposed by the parties involved. Furthermore, the decision addresses the question whether private label products and brand products at the wholesale level are part of the same market. 2. The competive assessment by the NMA On 13 December 2011, the NMa received a concentration notification. On 17 April 2012,